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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim Case — Reduces Compensation Due to Lack of Proof of Income and Medical Expenses. Claimant's Appeal for Enhancement Dismissed as Tribunal's Assessment of Income and Medical Expenses Was Based on Conjectures.

The case involves a motor accident claim arising from an incident on 14.12.2005 when the claimant, Ravikumar, a pedestrian, was hit by a car bearing r...

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Supreme Court Allows Insurer's Appeal in Insurance Claim Repudiation Case Due to Non-Disclosure of Previous Claim. Duty of Utmost Good Faith Requires Full Disclosure of Material Facts in Proposal Form Under Indian Contract Act, 1872.

The appeal arose from a decision of the National Consumer Disputes Redressal Commission (NCDRC) which partly allowed the insurer's appeal against the ...

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Bombay High Court Dismisses Insurance Company Appeal in Workmen's Compensation Case — Death of Driver During Employment Covered. The Court held that the insurer is liable under the Workmen's Compensation Act, 1923 for a driver's death during employment, even if not caused by vehicle use.

The case involves an appeal by the United India Insurance Company against an award of the Commissioner for Workmen's Compensation at Jalna in W.C.A.No...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's failure to produce valid driving licence and negligence in driving led to reduction of compensation by 50%.

The case involves two appeals filed by the Oriental Insurance Co. Ltd. against the judgment and award dated 03.10.2009 passed by the Civil Judge (Sr.D...

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Bombay High Court Allows Appeal in Motor Accident Claim — Failure to Implead Legal Heirs of Deceased Owner Not Fatal. Tribunal Erred in Dismissing Claim Petition Without Considering Application for Substitution Filed Before Signing of Judgment.

The appellants, legal heirs of deceased Bajirao Laxman Thorat, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Mot...

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Bombay High Court Dismisses Appeals by Owner and Insurance Company in Motor Accident Claim — Negligence of Driver Established. Compensation of Rs. 9,50,180/- Upheld Under Section 166 of Motor Vehicle Act, 1988 as Insurance Company Failed to Prove Breach of Policy Conditions.

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicle Act, 1988 by the legal representatives of the deceas...